Terms of Use

Terms of Use for Kranky Kids®

The following rules govern the use by you of Kranky Kids® ONLINE. The rules set forth herein apply to all materials, online communications and other information that is or becomes available on Kranky Kids® ONLINE (collectively, "Information"). BY SIGNING ON AND USING Kranky Kids® ONLINE, YOU SPECIFICALLY AGREE TO ABIDE BY THESE RULES AND ANY MODIFICATIONS THERETO. These Terms of Service apply to all users of the Kranky Kids® ONLINE Website, including users who are also contributors of text content, information, and other materials or services on the Website.

1. Personal Uses Permitted

A. You shall not post, publish, transmit, reproduce, distribute or in any way use or exploit any Information for commercial purposes or otherwise use the Information in a manner that is inconsistent with these rules and regulations.

B. You agree not to distribute in any medium any part of the Website without Kranky Kids® ONLINE's prior written authorization.

C. You agree not to use the Kranky Kids® ONLINE Website for any commercial use, without the prior written authorization of Lishka DeVoss/Kranky Kids®. Prohibited commercial uses include any of the following actions taken without Lishka DeVoss/Kranky Kids®'s express approval:
* sale of access to the Website or its related services on another website;
* use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
* the sale of advertising, on the Kranky Kids® ONLINE website or any third-party website, targeted to the content of Kranky Kids® ONLINE content;
* and any use of the Kranky Kids® ONLINE Website or its related services that Kranky Kids® ONLINE finds, in its sole discretion, to use Kranky Kids® ONLINE's resources with the effect of competing with or displacing the market for Kranky Kids® ONLINE or Kranky Kids® ONLINE content.

D. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Kranky Kids® ONLINE Website in a manner that sends more request messages to the Kranky Kids® ONLINE servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Kranky Kids® ONLINE grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Kranky Kids® ONLINE reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Website, nor to use the communication systems provided by the Kranky Kids® ONLINE Website (e.g. comments, email) for any commercial solicitation purposes.

E. In your use of the Kranky Kids® ONLINE Website, you will otherwise comply with the terms and conditions of these Terms of Service, Kranky Kids® ONLINE Community Guidelines, and all applicable local, national, and international laws and regulations.

F. Kranky Kids® ONLINE reserves the right to discontinue any aspect of the Kranky Kids® ONLINE Website at any time.

2. User's Obligation to Abide By Applicable Law

In connection with the use of Kranky Kids® ONLINE, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement ("Applicable Law"). The Information available on Kranky Kids® ONLINE may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.

3. Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Kranky Kids® ONLINE Website.

A. The content on the Kranky Kids® ONLINE Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Kranky Kids® ONLINE, subject to copyright and other intellectual property rights under the law. Content on the Kranky Kids® ONLINE Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, modified, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, translated, published, performed or otherwise exploited for any other purposes whatsoever without the prior written consent of Lishka DeVoss/Kranky Kids®. Kranky Kids® ONLINE reserves all rights not expressly granted in and to the Kranky Kids® ONLINE Website and the Content.

B. You may access Kranky Kids® ONLINE Content only as permitted under this Agreement. Kranky Kids® ONLINE reserves all rights not expressly granted in and to the Kranky Kids® ONLINE Content and the Kranky Kids® ONLINE Service.

C. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein for any commercial purposes.

D. You agree not to circumvent, disable or otherwise interfere with security-related features of the Kranky Kids® ONLINE Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Kranky Kids® ONLINE Website or the Content therein.

4. Disclosure of Online Communications

You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel of Kranky Kids® may, in the course of their regular duties, have access to communications for technical or operational purposes. Kranky Kids® may also disclose any communications to the extent permitted or required by law.

5. Prohibition Against Rogue Programming

You shall not post, transmit or make available in any way through Kranky Kids® ONLINE any software or other materials which contain a computer virus, trojan horse, timebomb, worm or other rogue programming ("Rogue Programming"). Kranky Kids® has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Information on Kranky Kids® ONLINE is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.

6. Content of Information

You are responsible for the content of any Information you put on Kranky Kids® ONLINE. Kranky Kids® has no obligation to, and does not in the normal course, monitor or control any Information that is or becomes available on Kranky Kids® ONLINE. Kranky Kids® reserves the right to review any Information that is or becomes available on Kranky Kids® ONLINE. Kranky Kids® reserves the right to refuse to post or to remove any Information that is, in Kranky Kids®'s sole discretion, unacceptable, undesirable or in violation of these rules. However, Kranky Kids® has no obligation to exercise such reservation of rights by Kranky Kids®.

7. Disclaimer of Warranties

Kranky Kids® ONLINE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Kranky Kids® DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT Kranky Kids® ONLINE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.

The Kranky Kids® ONLINE Website may contain links to third party websites that are not owned or controlled by Kranky Kids® ONLINE. Kranky Kids® ONLINE has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Kranky Kids® will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Kranky Kids® from any and all liability arising from your use of any third-party website.

8. Limitation of Damages

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Lishka DeVoss/Kranky Kids® BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE Kranky Kids® ONLINE, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON Kranky Kids® ONLINE, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.

9. Release and Indemnity

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST Lishka DeVoss/Kranky Kids® ARISING FROM OR IN CONNECTION WITH YOUR USE OF Kranky Kids® ONLINE. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Lishka DeVoss/Kranky Kids® FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF Kranky Kids® ONLINE OR FAILURE TO ABIDE BY APPLICABLE LAW.

10. Modifications

These rules may be modified by Kranky Kids® from time to time and such modifications will be binding on you when placed online.